Pond Boss Forums GENERAL QUESTIONS Property Projects & Construction Wells going dry

sprkplug, I believe Indiana has something on the law books that says if you have the capacity to pump more than 70gpm from a well on your property (I don't know if there is an acreage assigned to the property size) and your neighbors well goes dry, then you have to furnish them with water until the well goes "wet" again.

I found the reg.

From the Indiana DNR:

What is a high-capacity water well?

A high-capacity well is a water well capable of pumping at least 100,000 gallons of ground water per day (70 gallons per minute), regardless of how much water is actually pumped. A well with this much pumping capacity would also be classified as a significant water withdrawal facility (SWWF). SWWFs must be registered with the DNR Division of Water (at no cost), and water withdrawals from them must be reported annually.


Do I have to get a permit from a state agency to install a high-capacity water well?

No permit is required for a high-capacity water well; however, it may be necessary to register the well as a significant water withdrawal facility (SWWF). A SWWF includes any combination of wells, surface water intakes, and pumping apparatus that supply, or can supply, at least 100,000 gallons of water per day to a common collection or distribution point. A person who owns such a combination must register those facilities as a SWWF with the DNR Division of Water. The facility must be registered within three months after it is completed. For more information, consult the Non-rule Policy Document, Registration of Significant Water Withdrawal Facilities.


Registration forms for significant water withdrawal facilities, including general instructions, are available online-State Form 20094 (R3/8-98).

My neighbor uses a lot of water. If he causes my water well to go dry, can I do anything about it?

State statute IC 14-25-4 is known informally as the "water rights law." It protects owners of most small-capacity water wells from significant ground water withdrawal facilities. The law defines a significant ground water withdrawal facility as "the ground water withdrawal facility of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of ground water in one (1) day." One hundred thousand gallons per day equals 70 gallons per minute. High-capacity ground water users may be irrigators, public water supply operators, or quarries. To be protected from a nearby significant ground water withdrawal facility, a small-capacity well must satisfy one of the following criteria:


■The well must be a properly functioning domestic well drilled prior to January 1, 1986.

■If completed after December 31, 1985, the well must be constructed in accordance with rules set forth in 312 IAC 12 Water Well Drilling and Ground Water. These rules require certain minimum pump depths in domestic wells, and they specify how much of the source aquifer must be penetrated.

Indiana law does not protect one small-capacity well owner from another small-capacity well owner.
If your well no longer furnishes its normal supply of water, and if you suspect that the well is being affected by a nearby high-capacity ground water user, submit a written complaint to the director of the Indiana Department of Natural Resources (address below). The DNR Division of Water will make an on-site investigation. If the investigation finds evidence that nearby high-capacity pumping has substantially lowered the water level in your small-capacity well, and your well is protected by statute IC 14-25-4, the high-capacity user can be declared liable and may be required to provide you with an alternate water supply.


Send complaint letters to:

Director
Indiana Department of Natural Resources
402 W. Washington Street, Room W256
Indianapolis, Indiana 46204


If you have questions about IC 14-25-4 or 312 IAC 12, contact the Division of Water, Water Rights & Use Section (317-232-4160 or toll free 877-928-3755).